Judgment no. 02/2020/HNGD-ST dated january 13, 2020 on dispute over marriage and family

PEOPLE'S COURT OF BAC GIANG PROVINCE

JUDGMENT NO. 02/2020/HNGD-ST DATED JANUARY 13, 2020 ON DISPUTE OVER MARRIAGE AND FAMILY

On January 13, 2020, the People’s Court of Bac Giang province holds a public first-instance hearing of the case No. 49/2019/TLST-HNGD dated April 15, 2019 in the matter of dispute over marriage and family, according to the decision to bring the case to trial No. 98/2019/QDXXST- HNGD dated December 10, 2019 and decision on adjournment of the trial No. 62/2019/QDST-HNGD dated December 26, 2019, between:

- Petitioner: Mrs. Vu Thi T, born in 1978 (request for trial in absentia).

Address: Group 3, ward M, city B, Bac Giang province.

- Respondent: Mr. Liao Yu C, born in 1961; Nationality:  Taiwan.

Address: No. 55, lane 156, D street, hamlet 002, ward T, zone T, city T, Taiwan (not appearing in court).

FACTUAL AND PROCEDURAL BACKGROUND

Representation of the petitioner, Mrs. Vu Thi T, in the lawsuit petition and statements during the lawsuit settlement:

- Regarding conjugal relationship: She and Mr. Liao Yu C knew each other when Mr. Liao Yu C went to Vietnam to travel, then they kept in touch and had affection relationship with each other.  After courting for a while, she and Mr. Liao Yu C registered marriage on June 4, 2016 with the People's Committee of City B, the marriage registration was completely voluntary.  After getting married, Mr. Liao Yu C stayed in Vietnam for a week and then returned to Taiwan to work.  Mr. Liao Yu C has not contacted her since August 2016, and she has attempted to reach him but has been unsuccessful; they no longer have a romantic connection. Now that she has determined that their marital bond broke, she proposes to the Court to grant her a divorce from Mr. Liao Yu C.

-With reference to common children: She and Mr. Liao Yu C have no common children, so she does not ask the Court to settle it.

-With reference to assets and liabilities: She and Mr. Liao Yu C do not have common property, so she does not ask the Court to settle it.

Representation of the respondent, Liao Yu C, Chinese nationality (Taiwan) without a voluntary statement:  On May 13, 2019, the People's Court of Bac Giang province sent a request for judicial assistance No. 25/UTTDS-TA to the Ministry of Justice to propose the competent authority of the territory of Taiwan to serve the Notice of acceptance of the case No. 49/TBTL-TA dated April 15, 2019 of the People's Court of Bac Giang province on Mr. Liao Yu C. On September 3, 2019, the Ministry of Justice issued document No. 2826/BTP-PLQT stating that the competent authority of Taiwan failed to perform the service because the litigant no longer lives at the mentioned address.  After receiving the response, on September 16, 2019, the Court issued a document No. 363/2019/TB-TGD requesting Mrs. T to give a new address of the respondent, Mr. Liao Yu C. On October 4, 2019, Mrs. T submitted a document stating that she could not provide any other address of Mr. Liao Yu C in Taiwan (China).  She asked the People's Court of Bac Giang province to post information about the time to resolve the case on the portal of the Vietnamese Embassy in Taiwan and the portal of the People's Court of Bac Giang province.  On October 22, 2019, the People's Court of Bac Giang province issued document No. 418/2019/TA-TGD requesting the Vietnam Economic and Cultural Office in Taiwan and Official Letter No. 419/2019/TA-TGD requesting the Consular Department of the Ministry of Foreign Affairs to assist in posting the above-mentioned case information on the portal of the representative mission of the Socialist Republic of Vietnam in Taiwan.  On November 13, 2019, the Vietnam Economic and Cultural Office in Taipei posted the content according to the written request. On October 22, 2019, the Family Court, the People's Court of Bac Giang province issued document No. 420/2019/TA-TGD dated October 22, 2019 requesting the Office of the People's Court of Bac Giang province to post the content enclosed with the above document on the portal of the People's Court of Bac Giang province.  On October 28, 2019, the Office of the People's Court of Bac Giang province posted the said information. Thus, the contents of the request were posted on the Portal.  However, since then, the Court has not received any response from Mr. Liao Yu C.

At the court hearing, Ms. Vu Thi T files an application for trial in absentia and sustains her claim to petition for divorce from Mr. Liao Yu C.

Due to the absence of the litigants, the Trial Panel summarizes the contents of the petition and documents and evidence attached to the petition as well as documents contained in the case file.

Representative of the People's Procuracy of Bac Giang province states: Regarding the compliance with procedural law: The judge, Trial Panel, and court reporter, from the time of acceptance of the case to before the deliberation time, have complied with the Civil Procedure Code in Viet Nam.

Regarding the compliance with law: The petitioner, Mrs. T, who filed a request for trial in absentia, has exercised her rights and obligations as stipulated in the Civil Procedure Code; regarding the respondent, Mr. Liao Yu C, the Court has fully conducted the legal proceedings such as request for judicial assistance, posting information on the Portals of the Vietnam Economic and Cultural Office in Taipei (Taiwan) and the People's Court of Bac Giang province. However, Mr. Liao Yu C is still absent without reason.

- With reference to content: Propose the Trial Panel to apply Articles 51 and 56 of the Law on Marriage and Family in Viet Nam to grant Mrs. Vu Thi T a divorce from Mr. Liao Yu C.

Ms. Vu Thi T must bear the first-instance divorce court fee and judicial assistance charge as prescribed by law.

JUDGEMENT OF THE COURT

Taking account of evidence and documents at the court hearing and opinions of the representative of the Procuracy, the Trial Panel deems that:

[1]. Regarding proceedings: Mrs. Vu Thi T is the petitioner with a request for trial in absentia. The Trial Panel, based on Clause 1, Article 228 of the Civil Procedure Code, decides to try the case with Mrs. Dieu's absence.

For the respondent, Mr. Liao Yu C, who does not appear in court:  The judicial assistance for service of court papers on Mr. Liao Yu C has been performed by the Vietnamese Court in accordance with the provisions of Clause 2, Clause 3 of Article 474; Point c, Clause 6, Article 477 of the Civil Procedure Code, i.e. Posting a notice on the acceptance of the case and the time to settle the case on the portal of the Vietnam Economic and Cultural Office in Taipei (Taiwan); posting on the portal of the People's Court of Bac Giang province.  Therefore, the Trial Panel adjudicates the case without Mr. Liao Yu C according to the Civil Procedure Code.

[2]. Regarding jurisdiction:  Mrs. Vu Thi T is the petitioner with the address in Group 3, ward M, city B, Bac Giang province.  Mrs. T filed a lawsuit to divorce Mr. Liao Yu C, Taiwanese nationality; address:  No. 55, lane 156, D street, hamlet 002, ward T, zone T, city T, Taiwan with the People's Court of Bac Giang province. Thus, this is a marriage and family dispute case involving foreign element falling under the jurisdiction of the People's Court of Bac Giang Province according to Clause 1, Article 28; Clause 3, Article 35; Point c, Clause 1, Article 37 of Civil Procedure Code.

[3] Regarding conjugal relationship: Mrs. Vu Thi T and Mr. Liao Yu C registered their marriage with the People's Committee of City B on July 4, 2016. According to Article 8, Article 9 of the Law on Marriage and Family. This is a legal marriage.

According to Mrs. T’s representation: She and Mr. Liao Yu C have not contacted each other since August 2016 so far.  Due to geographical distance, broken marital bond, and hopeless reunion, Mrs. T files a lawsuit for divorce from Mr. Liao Yu C. Considering Mrs. T's petition for divorce, the Trial Panel finds that:   For a long time from August 2016 until now, Ms. T and Mr. Lioa Yu C have no longer contacted each other, both parties give care to each other. Article 19 of the Law on Marriage and Family stipulates that husband and wife have the obligation to love, be faithful, respect, care for, and help each other; share and perform household chores, but both Mrs. T and Mr. Liao Yu C failed to fulfill their marital obligations according to the above-mentioned regulations.  Thus, the marriage between Mrs. Vu Thi T and Mr. Liao Yu C falls into bad situation, the marriage purpose is not achieved, so the Trial Panel, based on Articles 51 and 56 of the Law on Marriage and Family, grants Mrs. Vu. Thi T a divorce from Mr. Liao Yu C.      

[4]. With reference to common children and property: They do not have a common child or common property, so she does not ask the Court to settle it. Therefore, the Trial Panel will not consider it further.

[5]. Regarding first-instance divorce fee and overseas judicial assistance charge:  As the petitioner, Mrs. Vu Thi Thanh has to bear the first-instance divorce fee and the charge for judicial assistance abroad as prescribed in clause 4, Article 147, clause 3 Article 153 of the Civil Procedure  which is deducted from the advance of court fee and charge paid to Department of Civil Judgment Enforcement of Bac Giang province.

In addition, Mrs. Vu Thi T is also obliged to pay all the costs of translation, posting the notice of acceptance of the case and the judgment on the web portal of the Socialist Republic of Vietnam in Taiwan; posting the judgment at the headquarters of the Vietnam Economic and Cultural Office in Taipei; announcement on the portal of the People's Court of Bac Giang province.

The People's Court of Bac Giang province will serve the first-instance judgment abroad after receiving the advance payment for translation, posting the judgment paid by Mrs. T.

[6]. Regarding the right to appeal: Mrs. Vu Thi T and Mr. Liao Yu C are entitled to appeal the first-instance judgment under Clauses 1 and 2, Article 479 of the Civil Procedure Code.

For the foregoing reasons,

DISPOSITION

Pursuant to Clause 1 Article 28, Clause 3 Article 35, Point a Clause 1 Article 37, Clause 4 Article 147, Clause 3 Article 153, Article 154, Article 271, Article 273, Point d Clause 1 Article 469, Point b Clause 5 and Point c, Clause 6, Article 477, Clause 2, Article 479 of the Civil Procedure Code; Clause 1 Article 51, Clause 1 Article 53, Clause 1 Article 56, Article 123 of the Law on Marriage and Family; Point a, Clause 5, Article 27 of the Standing Committee of National Assembly in Viet Nam on court fees and charges, collection, exemption, reduction, collection, payment, management and use thereof, declare:

-Regarding conjugal relationship: Mrs. Vu Thi T is granted a divorce from Mr. Liao Yu C.

- Regarding first instance civil fee: Mrs. Vu Thi T has to bear VND 300,000 (Three hundred thousand dong) for the first-instance marriage and family court fee, which is deducted from the amount of VND 300,000 already paid in advance according to the receipt No. AA/2018/0000273 dated April 10, 2019 at the Department of Civil Judgment Enforcement of Bac Giang province.  It is certified that Mrs. Vu Thi T has paid the first-instance civil court fee already.

-Regarding judicial assistance charge: Mrs. Vu Thi T has to bear VND 200,000 (Two hundred thousand dong) for the judicial assistance, which is deducted from the advance of judicial assistance charge of VND 3,200,000, including: VND 3,000,000 according to the receipt No. AA/2018/0000285 dated April 25, 2019 and VND 200,000 according to the receipt No. AA/2018/0000286 dated April 25, 2019 at the Department of Civil Judgment Enforcement of Bac Giang province.  Refund to Mrs. Vu Thi T the excess amount of VND 3,000,000 (Three million dong) paid in advance for judicial assistance charge.

- With reference to right to appeal: Mrs. Vu Thi T not appearing in court is entitled to appeal the judgment within 15 days after receiving the judgment.

Mr. Liao Yu C, currently residing abroad, not appearing in court, has the right to appeal the judgment within 1 month from the date on which the judgment is duly served or posted up in accordance with the law.